JITENDRABHAI @ JITU AMRATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R.No.I-100/2017 registered with Vyara Police Station, District Tapi, for the offences punishable under Sections 354A(2) , 376(1) , 384 and 506(2) of the Indian Penal Code.

(2.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offences. It is further submitted that FIR came to be lodged on 16.09.2017 in respect of the alleged incident, which has taken place between 01.07.2016 to 30.04.2017 and there is no satisfactory explanation in the FIR about delay caused in filing the FIR. It is further submitted that the complainant has executed four agreements to sell with four different persons in respect of the property in question. It is further submitted that charge-sheet is submitted, and therefore, now there is no possibility of tampering with the evidence. It is further submitted that the applicant is having root in Tapi District and also having responsibility towards his family, therefore, there is no likelihood to his run away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is also submitted that the applicant is in jail since 25.09.2017. It is further submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, considering the nature and gravity of the accusation made against the applicant, he may be enlarged on regular bail by imposing suitable conditions.